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Can I sue a creditor in small claims court?

BayHouse Credit Forum: 10/1999 to 01/2001: Credit Reporting, FICO Credit Scoring, Disputes, Collections, Charge-offs, Bankruptcy, CCCS: CATEGORY: Credit Disputes - Bankruptcy - Establish new credit: Can I sue a creditor in small claims court?
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Steve

Monday, January 31, 2000 - 06:19 am Click here to edit this post
I want to sue JCpenny, I've been trying to get them to remove an account that is not mines from my credit report, It's been almost 50 days since this has started.

Can I sue them in my city & state?

Will they show up.

What should I sue for.
The amount they are saying is due is 400.00
Can I sue for damages.

Steve

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makakio

Monday, January 31, 2000 - 10:42 am Click here to edit this post
And does anyone have an idea as to how long this takes? I've threatened to sue the Big Three numerous times when they were dragging their feet (Sallie Mae, too) on disputed info.

I retained a friend for a couple-hundred bucks (namely for his signature and stationery) and once I started applying pressure things got done.

I would think that you could sue for all legal expenses, including time spent to correct the dispute. How you figure what your time is worth I don't know and you would definately have to DOCUMENT all of it precisely. As to damages, if you could prove that it actually damaged your credit score (say you qualified for a higher-interest loan because of the derog), you could most-likely sue for the difference in the amount-paid on interest. But what a pain...

Still, they'd probably settle before it went to court - I think the main thing to press for would be a *removal* from the record. I went through this when a mortgage my father took out in 1967 appeared on my report. Although I was born in 1971 TU refused to remove it until I sent a letter with "from the law office of...." in the heading.

Good luck.

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Sean

Monday, January 31, 2000 - 11:01 am Click here to edit this post
I have always wondered what the correct venue is for situations like that. If you are dealing with a credit grantor in New York, a credit bureau in Atlanta, and you live in Phoenix then who has jurisdiction over the matter?

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Lynn Whealer

Wednesday, February 02, 2000 - 12:01 pm Click here to edit this post
Here is an EXCELLENT refence page for small claims court filing, procedures, etc. that I found a few months ago. It's at

http://qsms.com/california_small_claims_information.htm

....and this page specifically talks about where to file (venue)

http://www.courtinfo.ca.gov/courts/trial/smallclaims/where.htm


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